“Denial of self-expression is like death”

The Judgement is crucial, because it quoted the Constitution, to save the Constitution. Freedom of Expression is a basic Fundamental Right under Articles 67,45,87,92. However, Section 377 violated them. By quoting “Denial of self-expression is like death”, the Judges make it clear that no Indian shall be denied his Right to Express himself/herself.

“Majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights.”

The 5-Judge Bench headed by Chief Justice Dipak Misra and comprising Justices Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra made it clear that if a majority accepts a false notion, it doesn’t automatically translate into a truth. For over a century, Section 377 prohibited and criminalized ‘unnatural sex between two consenting adults’, which now stands quashed.

“Homosexuality cannot be regarded as mental disorder” and “homosexuals have the right to live with dignity”

In 2013, a famous case of Suresh Kumar Koushal vs. Naz Foundation happened, wherein Supreme Court had declared homosexuality as a crime, thereby overturning a previous Delhi High Court decision saying that homosexuality cannot be a crime.

While delivering this verdict yesterday, the 5-Judge Bench quashed the earlier order of Supreme Court, saying that “Suresh Kumar Koushal was no longer good law in view of the NALSA and Puttaswamy judgments.”

“History owes an apology to those who have been persecuted and socially ostracised because of Section 377.”

Finally, the Bench issued an apology to the LGBT community, due to the injustices imposed on them to an outdated anarchic view.

The Bench said, “Let us move from darkness to light, from bigotry to tolerance and from the winter of mere survival to the spring of life ? as the herald of a New India ? to a more inclusive society”

India is a country where the culture changes every 100km. Accepting diversity has to be the core value of every Indian and frankly is the only way India will survive and thrive. Scrapping #Section377 is a step in that direction. It is a good day for India.

Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back! ????????? pic.twitter.com/ZOXwKmKDp5

Mohul keenly observes the nuances of Indian startup world; and tries to demystify the secrets behind Technology, Marketing, Mobile and Internet. He is a Writer by passion, Marketer by choice and Entrepreneur by compulsion. Follow him on Twitter here: @_mohul